1.1 Content of the Site. The Site provides an online platform for companies and organizations to access or use of the information, materials, documents, text, images, video clips, directories, files, databases, listings, service, and/or mechanisms provided via the Site and/or use the services concerning business-to-business e-commerce trades, as well as other services, provided via the Site for engaging in e-commerce trades (“Content”).
3. CONTENT PROVISION
3.1 Content Provided. Kingtea Corporation shall have the rights to determine the Content and the way the Content provided to User. User confirms that Kingtea Corporation may, at its sole discretion, remove, modify, upgrade, suspend , cancel or terminate any and all of the Content at any time without prior notice to User.
3.3 Content Provided by Third Party. User acknowledges and agrees that certain content offered via the Site may be provided by a third party (“Third Party Content”), including but not limited to the Third Party Content provided by a registered user of the Site (“Member”), PayPal, HiTRUST and the issuing bank(s), and Kingtea Corporation shall have no liability for such Third Party Content. The Member shall follow the terms and conditions set forth by such third party provider (including but not limited to the restriction set forth by the third party in accordance with the applicable laws and regulations regarding foreign exchange control or others as the case may be). Kingtea Corporation is entitled to, at its sole discretion, remove, modify, upgrade, suspend, cancel or terminate any and all such Third Party Content at any time without prior notice to User, and Kingtea Corporation shall not be liable for any of the foregoing measures.
4. PROHIBITED USES
4.2 Security Violation. User is prohibited from violating or attempting to violate the security of the Site including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any User, host or network or sending unsolicited e-mail. Violation of system or network security may result in civil or criminal liability.
4.3 Violation of Law. User shall not use the Site (1) for transmitting, distributing or storing material in violation of any applicable law or regulation; or (2) in any manner that will infringe the patent, trademark, copyright, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; (3) in any manner that is libelous, obscene, threatening, abusive or hateful; or (4) in any manner against any applicable laws.
4.4 No Legal Capacity. User shall not use the Site if it does not have legal capacity to form legally binding contracts.
4.5 Spam. User shall not engage in spamming, including but not limited to any form of emailing that is unsolicited.
5. INTELLECTUAL PROPERTY
The Content of the Site are the intellectual properties of Kingtea Corporation or other right holders, as the case may be, which are protected by the applicable laws related to copyright, trademark and other proprietary rights and may not be downloaded or otherwise duplicated without the express written permission of Kingtea Corporation or the right holders. All title, ownership and intellectual property rights in the Content shall remain with Kingtea Corporation. Use of any of the foregoing without obtainment of consent from Kingtea Corporation is strictly prohibited and Kingtea Corporation reserves all rights therein.
6. DISCLAIMER AND IMITATION OF LIABILITY
6.1 No Liability from User’s Activities. TAITRA is not responsible for the conduct of any User’s activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User’s conduct.
6.2 No Liability from Information Posted by User. Kingtea Corporation is not responsible, and shall have no liability to it or anyone else for any material posted by such User or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. Kingtea Corporation shall have no obligation to review any of the contents posted by User on the Site.
6.3 Disclaimer of Provision of Content. The Site and/or the Content provided through the Site are provided on an “as-is” basis and Kingtea Corporation hereby expressly disclaims any and all warranties, whether express or implied, including, without limitation, any warranties of title, quality, condition, performance, accuracy, reliability, merchantability or non-infringement. To the maximum extent permitted by law, all such warranties, representations, conditions and terms are hereby excluded. Users assume full responsibility and risk for use of the Content on or through the Site.
6.4 No Representation of Accuracy or Ability. Although Kingtea Corporation will endeavor to ensure maximum integrity and accuracy of the Site, to the maximum extent permitted by law, Kingtea Corporation makes no representations, warranties about the validity, legality, accuracy, quality, reliability, stability or completeness of any information or products provided on or through the Site, the ability of any supplier to sell the items, the ability of any buyer to purchase the products, or that any transaction will be completed.
6.5 Own Risk. Any materials downloaded or obtained otherwise through the use of the Content is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download or use of any such material.
6.7 Links to Other Sites. The Site may contain links to third party web sites. These are provided solely as a convenience to Users and not in any way as an endorsement by Kingtea Corporation of the contents on such third-party web sites. If any User accesses any linked third party web sites, such User(s) does so entirely at its own risk.
6.8 Cooperate with Government Authorities. Kingtea Corporation reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Kingtea Corporation may disclose the User’s identity, contact and any other information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Kingtea Corporation shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Kingtea Corporation for such disclosure.
6.9 No Consequential Damages. In no event shall Kingtea Corporation be liable for any damages including, without limitation: special, direct, indirect, incidental or consequential damages, including but not limited to damages from loss of profits, goodwill, use, data or other intangible losses, business interruption, whether or not Kingtea Corporation has been advised of the possibility of such damages, arising out of or in connection with the use of the Site; inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, system failure or unauthorized access by third parties to data or private information of any User.
6.10 Aggregate Liability. Without prejudice to the above and subject to applicable laws, the aggregate liability of Kingtea Corporation, its employees, agents, directors, officers, affiliates, representatives, assigns, third party suppliers of information or documents or anyone acting on its behalf with respect to each User for all claims relating to the use of the Content, the Site or the information, products and documents provided on the Site shall be limited to CAD$500; such amount shall be in lieu of all other remedies which User may have against Kingtea Corporation and shall not preclude the requirement by the User to prove actual damages.
8. USER INDEMNIFICATION